Just as you thought it was safe to go back in the courtroom…

The snappily titled and easy to read Children Schools and Families Act 2010 has landed on our virtual desks. Not yet in force owing to the impending election (‘What election?’ I hear you say) the Bill made it through ‘wash-up’ and received Royal Assent only moments before Parliament was dissolved, to gasps of relief all round. Or groans.

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Its a b*tch of a document (that’s local legal jargon) and I’m still digesting it piece by piece in between hearings and nappy changes – but I will be cooking up a summary of it for you. My preliminary observation is that it is convoluted, complicated and will probably benefit only the legal profession who will be instructed to deal with all the applications prompted as we all try to work out what it all means. And in a special election double whammy it contains a whole raft of future changes which will be brought in 18 months down the line – just at the moment that everyone has worked out what the law is. I can tell you that fat cats like me are rubbing our greasy little paws with glee. Or I would be if I didn’t have such a god awful headache from trying to unpick the unsightly mess that is the CSFA 2010.

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To experience the pain yourself first hand you may wish to visit the Office of Public Sector Information where you can view the Act alongside the explanatory notes, and also a helpful article in Family Law Week here (written when the Act was still a twinkle in the Queen’s eye (at Bill stage) but still helpful).

The Final Straw

Justice Secretary Jack Straw has announced the second tranche of reforms in respect of the opening up of the family courts, reports the Times. It is no surprise that the government has announced its plan to relax the law in respect of reporting restrictions after the widespread disappointment voiced by the media when it realised that the April reforms were not quite what had been anticipated. What is a surprise is the plan to bring changes into force by this Autumn. This seems a remarkably optimistic timetable for reform of primary legislation and presumably does not envisage further consultation. There is absolutely no consensus on how this should be handled and I wonder if it will really be possible to do this job properly by the autumn? It is essential that it is done properly rather than rushed through, and the announcement gives real cause for concern.

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It should go without saying that in the course of the announcement Mr Straw took the opportunity to lob a gratuitous shot at lawyers about legal aid, wheeling out the same old misleading figures. And now it seems he is also having a go at the notion that multiple parties should be afforded representation in children cases. Why not go the whole hog and just scrap the judicial scrutiny of the removal of children from their parents and make it an adminstrative process? Or better still why not let the media report the cases freely, each paper taking on the case for a different party and decide the case on the basis of newspaper sales? Much cheaper and much more transparent – both key goals achieved!

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Am I sounding a bit sarky this morning? It’s been a long week…